By Sam DoranState House News Service.The Massachusetts Senate on Thursday gave initial approval to legislation (S.2961) aimed at simplifying child custody jurisdiction laws to make an "easier and more streamlined process" for interstate custody disputes, but process concerns disrupted leadership's plans before the bill could win passage in the upper chamber..Massachusetts would be the last in the nation to adopt the standard framework known as the Uniform Child Custody Jurisdiction and Enforcement Act, if the bill the Senate advanced Thursday, October 3 becomes law. The uniform framework, which dates back to 1997, has been adopted by all 49 other states, according to the National Council of Juvenile and Family Court Judges..The chairman of the Senate Ways and Means Committee, state Senator Michael Rodrigues (D-Westport), said current Massachusetts child custody jurisdiction laws are obsolete.."As a result, Massachusetts residents can face complications in child custody cases that involve multiple states, including jurisdictional disputes and enforcement delays," Rodrigues said. "This bill establishes clear rules for determining which state has jurisdiction over child custody matters prioritizing the home state of the child, and ensures that Massachusetts courts can work effectively with courts in other states.".The bill also addresses virtual participation in custody proceedings and notice requirements for proceedings happening simultaneously in more than one state..Senate President Karen Spilka's office said: "Going forward, once Massachusetts courts have exercised jurisdiction over custody, our courts would maintain jurisdiction over potential changes in the judgment or order, so long as a parent or the child remain in state, thus preventing forum-shopping and dueling lawsuits in multiple jurisdictions.".The Massachusetts Senate in 2016 passed a similar bill unanimously. In 2018, the branch passed it in July before the Massachusetts House of Representatives sent it to its Ways and Means Committee with seven days left before the end of formal sessions for the term..It was sponsored this term by the Senate majority leader, state Senator Cynthia Stone Creem (D-Newton), though the measure did not draw any cosponsors or companion House legislation, unlike in 2018 when a companion bill was filed across the hall by then-state representative James Cantwell (D-Marshfield)..Redrafted and released by the Senate Ways and Means Committee on Thursday (as S.2961), the 31-page text was the latest larger-scale bill to pop up during lightly-attended informal sessions. The flow of broadly significant bills usually peters down to a trickle in election years after lawmakers hit the July 31 conclusion of formal sessions, but bills with widespread support can still advance..The branch's leadership planned to pass the bill Thursday, but a few senators were rankled by the bill's quick emergence..In floor speeches, state Senator John Keenan (D-Quincy) and the minority leader, state Senator Bruce Tarr (R-Gloucester), both spoke in general support of the bill and cast it as important to act upon, but cast shade upon the growing habit of introducing weightier proposals during autumn informals.."This morning, we received notice about 9:33 a.m. that it would be polled out of the Ways and Means Committee, and then at 10:30 the poll closed, and here we are, about an hour later, with the bill before us," Keenan said at 11:30 a.m. Thursday..None of the few senators in attendance tabled the bill or made any other formal motion, but they made their feelings known. Keenan said he hoped it would just be "delayed for a short time." Then, Tarr expressed a desire to see the bill move ahead Thursday but stop at the third reading stage, a form of initial approval that keeps it in the Senate for further review.."Members — I believe we may have one who wants to offer an amendment to this — and it's very difficult, in an informal session, for members, with an hour's notice, to read a bill and determine whether or not they want to amend it," Keenan said. "And I commend the gentleman from Millbury for doing that.".State Senator Michael Moore (D-Millbury) had filed a further amendment Thursday that he quietly withdrew before the vote. It was an effort to advance a separate custody-related measure of his that's been jammed up in the Ways and Means Committee since the summer..Moore's proposal (S.118), filed in early 2023 and sent to Ways and Means in July, would establish a so-called Harmony Commission aimed at avoiding future tragedies like the death of Harmony Montgomery, whose father won custody of the 5-year-old and was later convicted of killing her..Now five years since the girl's death, the search for her remains was still under way this week in Chelsea, WCVB-TV reported..The proposed panel would "study how a child's rights, welfare, and best interest considerations are currently handled in care and protection cases and petition to dispense with consent cases and make recommendations for how to better protect and serve children in such cases.".Moore asked on the floor that he be given notice whenever the bill emerges from the Third Reading Committee. Spilka's office told State House News Service after adjournment that the plan is to take it up again at the next session on Monday, October 7..New to NewBostonPost? Discover the difference with content that goes beyond the typical Massachusetts news outlets. Stay informed with news and commentary rooted in conservative values—for just $1 a week. Cancel anytime. Don’t wait—join now and see what you’ve been missing!
By Sam DoranState House News Service.The Massachusetts Senate on Thursday gave initial approval to legislation (S.2961) aimed at simplifying child custody jurisdiction laws to make an "easier and more streamlined process" for interstate custody disputes, but process concerns disrupted leadership's plans before the bill could win passage in the upper chamber..Massachusetts would be the last in the nation to adopt the standard framework known as the Uniform Child Custody Jurisdiction and Enforcement Act, if the bill the Senate advanced Thursday, October 3 becomes law. The uniform framework, which dates back to 1997, has been adopted by all 49 other states, according to the National Council of Juvenile and Family Court Judges..The chairman of the Senate Ways and Means Committee, state Senator Michael Rodrigues (D-Westport), said current Massachusetts child custody jurisdiction laws are obsolete.."As a result, Massachusetts residents can face complications in child custody cases that involve multiple states, including jurisdictional disputes and enforcement delays," Rodrigues said. "This bill establishes clear rules for determining which state has jurisdiction over child custody matters prioritizing the home state of the child, and ensures that Massachusetts courts can work effectively with courts in other states.".The bill also addresses virtual participation in custody proceedings and notice requirements for proceedings happening simultaneously in more than one state..Senate President Karen Spilka's office said: "Going forward, once Massachusetts courts have exercised jurisdiction over custody, our courts would maintain jurisdiction over potential changes in the judgment or order, so long as a parent or the child remain in state, thus preventing forum-shopping and dueling lawsuits in multiple jurisdictions.".The Massachusetts Senate in 2016 passed a similar bill unanimously. In 2018, the branch passed it in July before the Massachusetts House of Representatives sent it to its Ways and Means Committee with seven days left before the end of formal sessions for the term..It was sponsored this term by the Senate majority leader, state Senator Cynthia Stone Creem (D-Newton), though the measure did not draw any cosponsors or companion House legislation, unlike in 2018 when a companion bill was filed across the hall by then-state representative James Cantwell (D-Marshfield)..Redrafted and released by the Senate Ways and Means Committee on Thursday (as S.2961), the 31-page text was the latest larger-scale bill to pop up during lightly-attended informal sessions. The flow of broadly significant bills usually peters down to a trickle in election years after lawmakers hit the July 31 conclusion of formal sessions, but bills with widespread support can still advance..The branch's leadership planned to pass the bill Thursday, but a few senators were rankled by the bill's quick emergence..In floor speeches, state Senator John Keenan (D-Quincy) and the minority leader, state Senator Bruce Tarr (R-Gloucester), both spoke in general support of the bill and cast it as important to act upon, but cast shade upon the growing habit of introducing weightier proposals during autumn informals.."This morning, we received notice about 9:33 a.m. that it would be polled out of the Ways and Means Committee, and then at 10:30 the poll closed, and here we are, about an hour later, with the bill before us," Keenan said at 11:30 a.m. Thursday..None of the few senators in attendance tabled the bill or made any other formal motion, but they made their feelings known. Keenan said he hoped it would just be "delayed for a short time." Then, Tarr expressed a desire to see the bill move ahead Thursday but stop at the third reading stage, a form of initial approval that keeps it in the Senate for further review.."Members — I believe we may have one who wants to offer an amendment to this — and it's very difficult, in an informal session, for members, with an hour's notice, to read a bill and determine whether or not they want to amend it," Keenan said. "And I commend the gentleman from Millbury for doing that.".State Senator Michael Moore (D-Millbury) had filed a further amendment Thursday that he quietly withdrew before the vote. It was an effort to advance a separate custody-related measure of his that's been jammed up in the Ways and Means Committee since the summer..Moore's proposal (S.118), filed in early 2023 and sent to Ways and Means in July, would establish a so-called Harmony Commission aimed at avoiding future tragedies like the death of Harmony Montgomery, whose father won custody of the 5-year-old and was later convicted of killing her..Now five years since the girl's death, the search for her remains was still under way this week in Chelsea, WCVB-TV reported..The proposed panel would "study how a child's rights, welfare, and best interest considerations are currently handled in care and protection cases and petition to dispense with consent cases and make recommendations for how to better protect and serve children in such cases.".Moore asked on the floor that he be given notice whenever the bill emerges from the Third Reading Committee. Spilka's office told State House News Service after adjournment that the plan is to take it up again at the next session on Monday, October 7..New to NewBostonPost? Discover the difference with content that goes beyond the typical Massachusetts news outlets. Stay informed with news and commentary rooted in conservative values—for just $1 a week. Cancel anytime. Don’t wait—join now and see what you’ve been missing!
